Metro Council President King says he will abstain from zoning votes

Louisville Metro Council President Jim King, who has had ethics complaints filed against him for alleged conflicts of interest related to the bank he operates, indicated he will not vote on any zoning cases until he receives an opinion from the Louisville Metro Ethics Commission.

King, D-10th District, said he requested an opinion in January from the Louisville Metro Ethics Commission and has not received one.

The commission could consider the three complaints against King and his request for an opinion during a Thursday meeting.

Deborah Kent, legal counsel for the commission, said the commission is looking at the issues. "It would have been highly inappropriate to discuss that request for opinion until the complaints have been addressed," she added.

The commission delayed any possible action on the complaints two weeks ago to allow Janice Rucker, a Louisville resident who filed the complaints against King, to review his attorney's response.

"The commission has to now look at them and say whether there is probable cause to believe there has been a violation," Kent said.

Rucker has filed a written response, which has been provided to King and his attorney, according to Kent.

Rucker accuses King, president of King Southern Bank, of benefiting financially from his position by voting on the rezoning of property involving entities that borrowed from the bank.

Jon Fleischaker, an attorney for King who has also worked for The Courier-Journal, argues two of the complaints are for alleged activity that is more than a year old and outside the window that a metro ordinance allows for most complaints. He also argues the third complaint was factually inaccurate, and labels the complaints frivolous and meritless.

"I just saw a pattern of things that were not going right," Rucker previously told The Courier-Journal. Rucker believes there is a response when some council members take certain actions, but not others.

An assistant to King, who made public comments about not voting on zoning cases during the Feb. 27 council meeting, said he considers the case pending litigation and referred The Courier-Journal to his attorney for comment.

King wants to know what duties the 26 council members have to determine every party of interest for every piece of property that comes before the council for zoning. He said there are many cases that come before the council and, when they look at them, the applicants and parties of interest are not listed.

"I want to know affirmatively from the ethics commission what duties each of us have to know every party of interest on every piece of property we zone," King said.

"I will be abstaining tonight and in the future until I get that," he told council members on Thursday.

The council president said some properties are owned by a limited liability company that may have dozens of owners.

"The essence of a conflict is you're aware of it," King said.

Councilwoman Tina Ward-Pugh, D-9th and chairwoman of the council's Government Accountability and Ethics Committee, said conflicts of interest are a priority for the panel this year.

"It is a question that keeps coming up by many of us on both sides of the aisle," she said. "I think everybody wants to do their due diligence to disclose any conflicts.

The ethics commission could meet in executive session to deliberate the complaints against King on Thursday and decide whether there is probable cause to believe a violation has occurred, could dismiss the complaints, or could take more time to investigate. If commissioners believe there is probable cause, they will draw up charges and a hearing will be set.

The commission would then have to appoint a hearing officer and an investigating officer (similar to a prosecutor), draw up the charges and make other necessary arrangements.

The commission is the only entity that can bring charges.

Kent said the hearing must be held within 120 days of the filing of the complaint, although she said there can be delays for specific reasons.

Rucker told The Courier-Journal she talked to FBI agents after the Feb. 20 ethics commission meeting about her complaints against King and fellow Councilman Tom Owen. The commission has already dismissed the complaint against Owen and previously dismissed a large complaint by Rucker against King, citing a lack of specific information. She then filed three separate, smaller complaints in January.

The FBI indicated in a Feb. 21 email that the bureau "does not currently have an open investigation on a specific allegation or individual." In a statement the same day, King indicated that his office did speak with the FBI and was advised that the agency had conducted interviews with certain council members.

"We have been advised that no council member, including myself, is a target or subject of an investigation," King said in the statement. "We were advised that the investigators are conducting a background investigation, educating themselves about aspects of Louisville Metro Government and its practices, policies and procedures."

Reporter Sebastian Kitchen can be reached at (502) 582-4475. Follow him on Twitter at @writeonsk.